On The Property And Legal Examination Of Government Purchasing Contract

The government purchase law of our country determines the government purchase contract as complete civil contract. It is an improper choice made under the circumstances that the thinking mode of the public law can not be in harmony with private law and only one of them can be chosen, being indifferent to the important change of mode of the government's administrative act, and no space leaven for the governmental purchase contract in the present administrative litigation and procedures. The administrative act theory characterized with "one-way, compulsion and un-compensating of act" cannot summarize the numerous and complicated modes of government's administrative act. This article analyses thoroughly that the government's purchase act has the nature of judicature and public law, proves comprehensively the advantage and malpractice of applying completely the contract law to the governmental purchase contract. It approaches the relation of public law and private law, administrative law and civil law, traditional administrative act and civil act, administrative contract and civil contract, and administrative litigation and civil litigation from respects of history and reality, it regards them as something come from same origin and can be linked with each other. Thus, combining closely the mode of administrative act with the reality of important changes, it puts forward to make a set of scientific, reasonable and strict law system of governmentalpurchase in the light of the advantage of subjects like civil law, administrative law, civil litigation law and administrative litigation law.